Guidance on Wills

The purpose of making a Will is to safeguard your family, wealth and wishes.

Your guide to Making a will- The Law Society

The website details what to do if there is a Will, and if there is no Will.

Our fixed fee for advice, preparation, execution and storage of a single Will is £280.00 plus VAT in the sum of £56.00. We do not offer a discount for couples. You will need two appointments, the first to discuss your requirements and receive any relevant advice so that you provide instructions. We will prepare a draft based on your instructions and invite you to return for a second appointment to review the draft, make any necessary amendments and then you will sign the final version in the presence of two witnesses. You can either take the original Will and store it safely yourself or we can store the original Will in our secure Will Storage. The fixed fee includes all of these stages and storage (if you chose to store the Will at our office). If we deem that your instructions are quite complex involving lots of trusts for example, we will advise you whether the Will will take significantly more ‘work’ than is usual and provide a revised fixed fee quotation for your approval in the first instance. Please note that once you have provided instructions to us, it is important that you attend the office as soon as possible for your second appointment so that your instructions and wishes are in place without delay.

Guidance on Probate

For probate matters, our firm charges an hourly rate plus a separate charge linked to the value of the Estate in accordance with guidance and suggested rates featured in The Laws Society’s (2015) Probate Practitioners Handbook (7th edition).

All Probate matters are currently carried out by our Principal Mr. G. Quigley. His hourly rate is £280 plus VAT. At the initial stage of the matter an estimate will be given as to how many hours work will be required to either reach the end of the matter or to get to a certain stage. The value of the estate is separated in to two categories and charged at differing rates, namely the value of the gross estate and the value of the residence:-

Solicitor not acting as an executor

Value of gross estate less residence	1%
Value of residence	0.5%

Solicitor acting as sole executor or joint executor with another person

Value of gross estate less residence	1.5%
Value of residence	0.75%

High Value Estates
When dealing with high value estates, we charge using a scale according to the band which the value of the estate falls in to:-

Up to £750,000.00	1.5%
£750,000.00- £3,000,000.00	0.5%
£3,000,000.00- £6,000,000.00	0.1666% (1/6)
Above £6,000,000.00	0.08333% (1/12)

We will also inform you of any anticipated third-party disbursements. Common ones in Probate matters are £237 for the Probate application fee and £3 for each copy required, £5 for the application to be Sworn by each Executor/Administrator and £2 for an exhibit.

‘When someone dies, you’ll need to get the legal right to deal with their property, money and possessions (their ‘estate’).

England and Wales

You may be able to apply for a ‘grant of representation’ - known as ‘probate’. You can apply yourself or use a solicitor or another person licensed to provide probate services.’

UK GOV Wills, Probate & Inheritance
Your guide to Probate- The Law Society

The website details what to do if there is a Will, and if there is no Will. If you choose to use a solicitor to administer the Estate, we can provide an estimate of how many hours work would be required and our hourly rate together with any anticipated disbursements. Please call 01900 823127 or email us enquiries@waughandmusgrave.co.uk for a bespoke quotation

Guidance on Lasting Power of Attorney

The UK Government define when you can make decisions for someone:-

‘They can ask you to do this:
now - for example, while they’re on holiday
in the future - for example, if they lose the mental capacity to make their own decisions
You can also apply to a court to help someone make decisions if they don’t have mental capacity now.

When someone can choose you
A person must have mental capacity when they choose you for short-term or long-term help with decisions.’ www.gov.uk/make-decisions-for-someone

The Law Society guide below although titled ‘Financial matters for older people’ does explain the different types of Lasting Powers of Attorney and the information you will need, which applies to adults of all ages.
Your guide to Financial matters for older people- The Law Society.pdf
Essential information and forms are also featured at Gov.uk simply search ‘Lasting Power of Attorney’. If you decide to instruct a solicitor to create and register a Lasting Power of Attorney, we do offer a fixed price service.

Please call 01900 823127 or email us enquiries@waughandmusgrave.co.uk for a bespoke quotation

The Law Society can provide their information leaflets in other formats and selected languages on Request. Please email:accessibility@lawsociety.org.uk